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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  J.D. degree, 15 years practice
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I made a statement against my boyfriend but made no actual

Customer Question

I made a statement against my boyfriend but made no actual restraining order or formed any charges. He got arrested and now part of his bail is to stay 500 feet away from me. I did not ask for it nor do I want the protection order or these charges filed against him. What do I need to do to life these charges and remove the protection order immediately?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.

Hello,

 

When the police or other law enforcement determine that someone has broken the law, that person can be arrested and charged with a crime. The alleged victim of that crime does not have to decide whether or not to press charges. In fact, in the area of domestic assault, the police are "forced" to arrest someone in this situation, because of the laws.

 

Also, the alleged victim sometimes doesn't want to pursue the case because it was just a one-time thing, or an argument that just got out of hand. But, the police will not drop the charges. You may be able to get the no contact order modified (changed) in order to speak on the phone, but usually the courts will not drop the restraining order until after the criminal case is completed. And even then, the court may insist on continuing the no contact order.

 

Something that might help, is to go to an agency that works with abused women and speak to a counselor. Then, ask the counselor to write a letter recommending that the restraining order be dropped. Take this letter to a judge and ask him or her to consider changing the order.

 

Good luck to you.

dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience: J.D. degree, 15 years practice
dkennedy and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

If I were to say I made a false statement would the charges be dropped and what would be my penalties?

 

Expert:  Zoey_ JD replied 5 years ago.
You would not want to admit to a false statement just to drop charges. The prosecutor could charge you with perjury which in Maine is a class C crime. Whether they would or not is another matter, but it's not worth the risk of state jail time.

You should let the prosecutor know that you never pressed these charges in the first place and are not interested in prosecuting your boyfriend now either and that you want these charges dropped. Like expert above told you, the prosecutor does not have to listen to you and the more serious the charges, the less likely. But the fact is that if you keep insisting you don't want to cooperate, going forward with a reluctant complainant doesn't give the prosecution a very strong case, and sooner or later, you may get what you want.

Meanwhile, if you haven't already done so, you can contact your boyfriend's attorney and tell him/her you are not interested in going forward and enlist his help in convincing the DA to drop charges. DAs tell their complanainants not to talk to the defense, because if you want the case prosecuted you are hurting your case by speaking to the defense and providing them with information the DA may not want them to have until trial. BUT if you don't want to prosecute,. there's nothing illegal or improper about contacting the other side. It's been my experience in such matters that defense lawyers will be very happy to help you, as it also helps their client. Sometimes that extra push is all that's needed.

______

Good luck.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.

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